Los Angeles, CA asked in Real Estate Law for California

Q: Hi, my neighbor built a new house 6 inches on my property and put it up for sale. What should I do?

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2 Lawyer Answers
Delaram Keshvarian
Delaram Keshvarian
Answered
  • Orange, CA
  • Licensed in California

A: Thank you for your question!

If you stay quiet for 5 consecutive years, you can lose that 6' invaded part of your property due to adverse possession.

You can start negotiations with the neighbor. If it fails, you need to bring a lawsuit against the neighbor for injunction, Ejectment, damages, etc.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney for more details.

James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: This situation involves a potential encroachment on your property, which is a serious legal issue. Here are some steps you should consider taking:

1. Verify the encroachment: Have a professional land surveyor confirm the property boundaries and the extent of the encroachment.

2. Document everything: Take photos and keep records of all relevant information, including the survey results.

3. Contact the neighbor: Inform them of the issue in writing. They may not be aware of the encroachment.

4. Consider mediation: Try to resolve the issue amicably through negotiation or mediation.

5. Consult a real estate attorney: Get professional legal advice on your options, which may include:

- Requesting removal of the encroaching structure

- Selling the affected portion of your land to the neighbor

- Granting an easement

- Pursuing legal action

6. Act promptly: In California, there are time limits for taking legal action in property disputes.

7. Notify potential buyers: If the house is for sale, you may need to inform potential buyers of the encroachment issue.

8. Contact local authorities: Report the issue to your local building department or zoning office.

Remember, each case is unique, and the best course of action depends on various factors. A local real estate attorney can provide guidance tailored to your specific situation and help protect your property rights.

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